ORIENTAL INSURANCE CO LTD Vs. VIDYA DEVI

JUDGEMENT

(1.) HIS F. A. O. has been filed against the award dated 30. 9. 2004 passed by the Motor Accidents Claims Tribunal, Solan in M. A. C. Petition No. 33-S/2 of 2004.

(2.) BRIEF facts necessary for the adjudication of this appeal are that on 21. 2. 2004 deceased had gone to Parwanoo. Around 12. 30 p. m. when he was crossing a road at parwanoo Chowk, Maruti van No. HP 01-1280 appeared from Kalka side at a very fast speed. It hit the deceased. Deceased sustained fracture of ribs. The fractured ribs hurt the lungs, heart and spleen which resulted in the death of the deceased. The claimants filed the claim petition seeking compensation of Rs. 5,00,000. The owner resisted the claim and alleged that accident took place because of deceased's own negligence. The appellant insurance company also resisted the petition by filing reply. It was alleged by the insurance company that respondent No. 6 hereinafter referred to as the owner and driver did not possess valid and effective driving licence. The learned motor Accidents Claims Tribunal on the basis of the evidence led by the parties awarded a sum of Rs. 1,35,000 as compensation together with costs of the petition and interest at the rate of 9 per cent per annum from the date of petition till the date of deposit of the aforesaid amount. The owner/driver and the appellant insurance company were held liable to satisfy the award jointly and severally vide award dated 30. 9. 2004.

(3.) MR. G. C. Gupta, Sr. Advocate had strenuously argued that the findings recorded by the learned Motor Accidents claims Tribunal that driver was holding a valid driving licence is contrary to law. He also contended that the driving licence, exh. RA1 was valid only for light motor vehicle and the licence did not bear any endorsement to drive the transport vehicle.